An elderly man whose health was failing lived with his daughter at her residence for a period of time. They each received $300 in welfare benefits for the year. The daughter earned $270 in wages that year . She provided her father with housing valued at $120. The total cash household income was $870, half of which was attributed to the man’s support.

The daughter passed away and the man claimed parents’ social security insurance benefits based on his daughter’s earnings record. In order to be eligible for these benefits, he needed to show, among other things, that he had received one-half of his support from his daughter.

He claimed that, due to his infirmity, his daughter had given him care and personal services valued at $1200 that year, and that this amount should be included in calculating whether he had received one-half of his support from her.

Social Security disagreed. In determining this issue , the law looked at two different kinds of support: cash support and in kind support. In kind support includes things such as food, lodging, ordinary medical expenses, and other items of ordinary support and maintenance. It does not include personal care and services from a family member.

The man’s support for the year was $555 (his $435 share of the household expenses plus the $120 value of the room his daughter provided him). Cash welfare benefits provided him with $300, or more than half of his support. Therefore, because his daughter did not provide one-half or more of his support, he was not entitled to parents’ social security insurance benefits based on her earnings record.

See Social Security Ruling (SSR) 60-23.

This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.